Court opinions

7^th Circuit Court of Appeals
Beverly Zylstra and Bernard Zylstra v. DRV, LLC
20-1949
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Senior Judge William C. Lee.
Civil. Affirms the Indiana Northern District Court’s grant of summary judgment to DRV, LLC against Bernard and Beverly Zylstra on their suit claiming breach of express and implied warranties under state law, violation of the federal Magnuson-Moss Act and violation of state deceptive practices acts. Finds even in the light most favorable to the Zylstras, DRV never had a reasonable opportunity to repair the defects to their RV as required under the warranty. Therefore, the Zylstras’ claims cannot survive.

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline on Friday.

USA v. Bryant Love
20-2131, 20-2297
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip Simon.

Criminal. Reverses and remands the Indiana Northern District Court’s ruling that only two of Bryant Love’s three prior offenses amounted as predicates under the Armed Career Criminal Act. Finds Love’s 2015 Indiana Class D battery resulting in bodily injury counts as an ACCA predicate and orders for his resentencing on multiple drug counts and a felon-in-possession count.

Indiana Court of Appeals
Latieka Q. Page v. State of Indiana
21A-CR-90
Criminal. Reverses Latieka Page’s conviction of Level 6 felony possession of a narcotic drug after law enforcement found previously prescribed Oxycodone pills in an unlabeled bottle in her car. Disagrees with the Elkhart Superior Court’s determination that a validly issued prescription becomes invalid for purposes of Indiana Code § 35-48-4-6 upon a person’s failure to take the medicine as prescribed. Finds Page proved by a preponderance of the evidence that she had obtained the pills from previous validly-issued prescriptions.

Stephen Michael Ford v. State of Indiana (mem. dec.)
20A-CR-1684
Criminal. Affirms the revocation of Stephen Ford’s probation. Finds Ford has waived any due process argument.

Indiana Court of Appeals
In the Matter of K.Y., a Child Alleged to Be Delinquent, K.Y. v. State of Indiana
21A-JV-330
Juvenile. Affirms in part, reverses in part the adjudication of K.Y. for two counts of intimidation, a Level 6 felony and a Class A misdemeanor, respectively, if committed by an adult. Finds sufficient evidence to support the Level 6 felony, but remands with instructions to vacate the Class A misdemeanor on double jeopardy grounds.

Indiana Court of Appeals
Montel Ray Brooks v. State of Indiana (mem. dec.)
21A-CR-83
Criminal. Affirms Montel Brooks’ conviction of murder and an enhancement for the use of a firearm in the offense. Finds the Lake Superior Court did not clearly abuse its discretion in admitting challenged testimony, and any error in the admission of the testimony was harmless. Also finds the trial court did not abuse its discretion when it denied Brooks’ motions for a mistrial, and any such error would be harmless.

The following Indiana Tax Court opinion was posted after IL deadline on Friday.

Eric S. Morris v. Hamilton County Assessor
20T-TA-00019
Tax. Affirms the Indiana Board of Tax Review’s final determination that dismissed Eric Morris’ case for lack of subject matter jurisdiction. Finds Morris has not demonstrated to the Indiana Tax Court that the Indiana Board’s dismissal of his administrative appeals is arbitrary, capricious, an abuse of its discretion, or contrary to law. Finds Morris has not demonstrated that the tax court has subject matter jurisdiction over his appeals.

7^th Circuit Court of Appeals
United States of America v. Keenan Rollerson
20-2258
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James P. Hanlon.
Criminal. Affirms Keenan Rollerson’s 23-year sentence for drug and firearm convictions. Finds his uncharged buys and acquitted drug amounts were relevant to his heroin conviction and proven with sufficiently reliable information.